Abby’s wide-ranging restructuring and creditor rights litigation practice focuses on representation of secured and unsecured creditors in insolvency cases and other proceedings nationwide. She routinely represents parties in litigation related to insolvency and distressed debt in state and federal court, as well as purchasers and sellers of distressed assets and fiduciaries in bankruptcy cases and other insolvency matters. Outside of the insolvency arena, Abby has significant judgment enforcement and asset recovery experience. Abby’s clients value her practical, business-oriented approach to resolving legal issues and her ability to coordinate and manage proceedings pending in multiple courts to achieve positive litigation outcomes.
Experience
- Represent litigation trustee in post-confirmation administration of trust and related entities formed to recover hundreds of millions owed to creditors of failed investment funds.
- Represent liquidating trustee in post-confirmation administrative and litigation matters arising from failed oil refinery in U.S. Virgin Islands, including over $1 billion of asserted claims.
- Represent post-confirmation plan administrator in matters arising from failed offshore oil and gas exploration and development companies, including tens of billions of dollars of asserted claims.
- Represent secured creditors of municipal borrower in pre-bankruptcy litigation, successfully obtaining judgment and appointment of post-judgment receiver to enforce judgment; chapter 9 case; and post-bankruptcy receivership to liquidate collateral.
- Represent family office in enforcing $30 million fraud judgment, successfully obtaining payment in full of judgment and post-judgment interest.
- Represent litigation trustee in fraudulent transfer case to recover over $140 million of transfers by debtors engaged in onshore oil and natural gas acquisition, exploitation, exploration and production.
- Represent family office in obtaining successive dismissals, prior to discovery, of $50 million fraudulent transfer case brought by post-confirmation liquidating entity.
- Represent numerous creditors and potential avoidance action defendants in cryptocurrency bankruptcy cases.
- Represent commodity vendor in cross-border litigation against customer.
- Represented member of Official Committee of Unsecured Creditors in chapter 11 cases of operators of on-demand office and co-working spaces.
- Represented purchaser of bankrupt cellulosic ethanol plant and cogeneration facility for $48.5 million.
- Represented secured creditor in defending litigation filed by former director/officer of borrower in connection with assignment for the benefit of creditors.
- Represented senior secured lender, DIP lender, and stalking horse purchaser in chapter 11 case of professional services firm with nationwide operations.
- Represented indenture trustees and master trustees in connection with receivership and bankruptcy proceedings in California and Florida to recover hundreds of millions of dollars in debt.
- Represented real estate investor in enforcement of $20 million judgment against former business associate, and amended judgment to include alter egos.
- Represented competitor and creditor of debtor in large utility bankruptcy.
- Represented unsecured creditor of wholesale pharmacy in successful pre-bankruptcy litigation and in bankruptcy case. Obtained conversion of the case, on an emergency basis, shortly after petition date to staunch ongoing theft and fraud by former management.
- Represented unsecured creditors in confirming creditor chapter 11 plan in contested bankruptcy case of failed real estate developer.
- Represented secured creditor in purchase of substantially all assets of bankrupt developer of membranes for industrial separation and purification processes, and in settlement with committee and aggressive undersecured junior creditors – with sale and settlement consummated within sixty days after petition date.
- Represented chapter 11 trustee in sale of water utility and numerous real estate assets.
- Represented supervisory board of liquidating trust in obtaining dismissal of claims for equitable subordination and breach of fiduciary duty.
- Represented luxury boutique hotel in selling assets and confirming chapter 11 plan during heavily contested bankruptcy case, including preventing confirmation of secured creditor’s competing plan, allowing equity holders to receive significant distribution.
- Represented Chapter 7 trustee in successfully prosecuting and collecting millions of dollars in judgment and settlements in fraudulent transfer litigation arising out of failed equipment leasing company.
- Advises publicly-traded and private company Boards of Directors and executive management teams regarding insolvency issues, including potential workouts or insolvency proceedings, distressed dispositions/acquisitions of assets, fiduciary duties, and creditor rights.
Case Studies
Case Study
Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.
viewpoints
Consolidated Appropriations Act of 2021 Amends Bankruptcy CodePart 3: Congress Gives Suppliers and Landlords a Shiny New Arrow in their Quiver to Challenge Preference Actions
February 2, 2021 | Blog | By Joseph Dunn, Abigail O'Brient
For bankruptcy litigators – or any business which has been frustrated to receive a demand letter after one of its customers filed bankruptcy – one particular amendment stands out in the CARES ACT bill. The Act amended Section 547 of the Bankruptcy Code to provide suppliers and landlords with an additional potential challenge to actions brought to “claw back” payments made by a debtor in the 90 days preceding bankruptcy.
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Consolidated Appropriations Act of 2021 Amends Bankruptcy CodePart 2: Amendments Affecting Landlords
January 29, 2021 | Blog | By Andrew B. Levin, Abigail O'Brient
The CARES Act assists debtors by amending Section 365(d)(3) of the Bankruptcy Code to allow, at the bankruptcy court’s discretion, small business debtors experiencing pandemic-related financial hardship an extra 60 days, in addition to the initial 60-day grace period, to make payments under unexpired leases of non-residential real property following the bankruptcy filing date.
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Consolidated Appropriations Act of 2021 Amends Bankruptcy CodePart 1: Amendments Clarifying Debtors’ Rights to Other Pandemic Relief
January 26, 2021 | Blog | By Andrew B. Levin, Abigail O'Brient
The CARES Act benefits both debtors and creditors by temporarily modifying several sections of the Bankruptcy Code, which may be of particular interest to creditors.
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News & Press
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Mintz Promotes Eleven Attorneys to Member
May 10, 2019
Mintz Levin is pleased to announce that nine attorneys have been named San Diego Super Lawyers for 2018 while two others have been named San Diego Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Events & Speaking
Panelist
Dec
9
2022
How to Take and Defend Depositions
American Bankruptcy Institute Winter Leadership Conference
La Quinta, California
Speaker
May
16
2021
Gidget Goes Bankrupt: The First 120 Days of a Chapter 11 Case
California Bankruptcy Forum
Virtual Event
Apr
3
2020
Do Defaults Matter in the Era of COVID-19?
The State of Creditor Rights in Unprecedented Times
View Webinar Recording
Speaker
Speaker
Oct
3
2019
Mintz and ACC SoCal CLE Lunch Program
How to Limit Risk and Strategically Navigate a Financial Distress Situation
Mello (a Division of LoanDepot), 6561 Irvine Center Drive, Irvine, CA 92615
Speaker
Oct
2
2019
Mintz & ACC SoCal CLE Lunch Program
How to Limit Risk and Strategically Navigate a Financial Distress Situation
Verizon (Formerly Yahoo), 11995 W. Bluff Creek Drive, Los Angeles, CA 90094
Panelist
Sep
18
2019
Your Contract Counterparty is Insolvent....Now What?!?
Mintz, One Financial Center, Boston, MA
Speaker
Speaker
Read less
May
21
2016
Judges Roundtable Breakfast: Ch-Ch-Ch Changes – Turn and Face the ABI Proposals
California Bankruptcy Forum
Hyatt Regency, Indian Wells, CA
Publications
Contributor, ABI’s Quick Evidence Handbook (2d ed.), American Bankruptcy Institute (April 2018)
Co-author, The Kodak Bankruptcy: The Valuation and Sale of IP Assets, The Bankruptcy Strategist (April 2012)
Co-author, Pushing the Envelope: Third Party Releases Under Chapter 11 Plans, American Bankruptcy Institute Winter Leadership Conference (November 2011)
Editor, Bankruptcy & Restructuring, Mintz
Read lessRecognition & Awards
- Featured in Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2023 - 2024)
- Visionary for Los Angeles Times Banking and Finance Magazine: Trends, Updates and Visionaries 2021-2022
- Los Angeles Business Journal: Women of Influence - Attorneys (2021)
- Los Angeles Times Business of Law: Finalist Visionaries Leadership Award (2021)
- Los Angeles Business Journal: Top Women Attorneys (2020)
- Los Angeles Business Journal: Leaders in Law - Firm Attorney Nominees (2019); Finalist - Bankruptcy (2020-2021)
- Southern California Super Lawyers Rising Star: Bankruptcy (2019)
- Southern California Super Lawyers Top Women Attorneys Rising Star: Bankruptcy (2019)
- San Diego Super Lawyers Rising Star: Bankruptcy (2018)
- One of 40 attorneys selected to participate in the National Conference of Bankruptcy Judges' Next Generation Program (2016)
Recent Insights
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
